The Constitutional Court of Bosnia and Herzegovina has held today, by electronic means, the 115th ordinary session of the Grand Chamber of the Constitutional Court of Bosnia and Herzegovina.
To illustrate, the Constitutional Court singles out the following decisions from the decisions adopted today:
AP 96/19 – The Constitutional Court, inter alia, concluded that there had been no violation of the rights from Article II(3)(f) of the Constitution of Bosnia and Herzegovina and Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention) where the disputed expression presented in the obituaries does not constitute "interference" with the said right, i.e. where it cannot be concluded that the appellant is a "victim" of a violation of this right.
AP-7201/18 – The Constitutional Court concluded that in this case there had been a violation of Article II (3) (d) of the Constitution of Bosnia and Herzegovina and Article 5 paragraph 1 (e) of the European Convention given that during the appellant's placement and residence in "Drin" - a public institution for the care of mentally disabled persons, the relevant provisions of the Law on Protection of Persons with Mental Incapacities were not taken into account. These provisions regulate that only court shall decide on involuntary placement of a mentally disturbed person in an institution, and that only the court shall decide on extension of involuntary placement, as well as on discharge from a health care facility.
AP-7473/18 – The Constitutional Court concluded, inter alia, that there had been a violation of the right to a fair trial in relation to a decision within a reasonable time under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6 (1) of the European Convention, as the proceedings were pending for almost 19 years. This is a priori beyond a reasonable time, and such a length of proceedings cannot be justified by exceptional circumstances.
AP 7356/18 – The Constitutional Court concluded, inter alia, that there had been a violation of the right to a fair trial under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6 (1) of the European Convention because the first-instance judgment, which sentenced the appellant to imprisonment, in paragraph III of the enacting clause, is based solely on the testimony of a witness whom the appellant could not examine at any stage of the proceedings.
AP-2540/20 – The Constitutional Court concluded, inter alia, that there had been a violation of the right to liberty and security under Article II(3)(d) of the Constitution of Bosnia and Herzegovina and Article 5 paragraph 1 (e) and Article 4 of the European Convention where the first-instance decision confirmed by the second-instance decision, i.e. the part where the retroactively extended measure of involuntary detention for the purpose of treatment was not passed within the time limit referred to in Article 35, paragraph 2 of the Law on the Protection of Persons with Mental Disorders.
All decisions adopted at today's session will be delivered to the appellants within a month and published as soon as possible on the website of the Constitutional Court of Bosnia and Herzegovina.
